The Portland daily press., 1887-04-18


lector in the matter. The reply was, mo:
he was acting on his own responsibility"
The States emissary said he had been sent
there IN the interest of justice by depart
ment OF the State government, for the pur-
pose of examining the index and that he
should remain until he succeeded if it re-
quired six months and he had to report the
matter to Washington; so that he might as
well let him see it first as last.
Clerk--When we are busy we cannot stop
to show the index.
Mr.. Goddard-Have you any particular
rush of business today?
Clerk-No. [Hesitated.l Yes, / have a
telegram for Mr.. Redman and must hunt him
up at once.
The clerk then started for the door, when
MIR. Redman entered in company with an
old gentlemen. Mr.. Goddard introduced
himself to the collector and made known his
errand. The collector refused to exhibit the
index and said he should be busy with the
gentleman who accompanied him for half an
hour and requested the visitor to call again
at the end of that time But the plncly
young attorney, fearing that the office
would be closed at the end of that time, said
he would wait on the spot. Mr.. Redman re-
tired to his private Office with his compan-
ion and concluded his business with him in
the space Of three minutes.
The collector then appeared and Mr.. God
dard reiterated his demand
Collector--I am in receipt of kilograms in
LC&dlu W lllt ulluCully WHICH my deputy is
having with the State authorities in Augusta
and | am to busy to exhibit the index. /
wish to dictate replies, and desire to have
the office vacant for the use of myself and
clerk. would not have you regard this as
an order for you to leave the Office
Mr. Goddard-I have come long distance
to see the index, and shall stay in town until
l have the opportunity of examining it, and
1t will greatly accommodate me if you will
SO expedite matters as to permit me to &C
complish my purpose and return today
Coliector-For whatpurpose do you wish to
examine the index?
Mr.. Goddard do not know as that is ma
terial
Collector-The index is exhibited for the
purpose of facilitating prosecutions under
the United States and not under the State
law.
Mr.. Goddard will leave you to the
transaction of your private business, and
when shall call again?
Collector-In about an hour
MI Goddard-Do you assure me that
shall find the Office open then?
COllect0r-YeS.
Mr. Goddard Shall l then be permitted to
inspect the index?
Collector-When we are at leisure we
shall show you the index, but not permit you
to take any minutes or copies therefrom.
Mr.. Goddard desire to leave at o'clock
and should like not to have this postponed
so as to keep me over
Collector-You shall see it sometime be-
fore you go.
Mr.. Goddard then departed and returned
at 10 O'Clock, when he found Mr.. Redman,
his clerk and two other gentlemen in the
Office and was received in quite a cordial
manner, the change being very marked
After little pleasant conversation, Mr.
Redman signiied that the index was at Mr..
al Isc h. lo3 H. 1.
use Of it as he pleased.
Mr.. Redman in conversation was careful
to give the impression that this resistance to
the authority of the State courts was in
augurated on motion of the apothecaries and
not of the department. they having sought
protection of the Commissioner of Internal
Revenue, who had issued his instructions
accordingly to the collector and deputies in
Maine.
Another Chapter in the Case.
Another chapter in the famous Thomas +.
Murphy case was enacted in the Superior
Court today when Mr.. Murphy refused to
testify relative to the payment Of United
States special tax. He came into lcourt this
forenoon, and few minutes before eleven
ty Attorney Carleton if he was prepared to
try the case against Reuben C. Hall. The
reply was that he would not be until Mon
day and the Judge said: Il have informa-
tion that the witness, Thomas f. Murphy,
has availed himself of the opportunity af-
forded him to test the question of his duty to
testify in this case. He has obtained the
opinion Of a judge of the United States
Court whom l personally know, to be an
eminently learned, just and conservative
man, and that opinion confirms the position
taken by this court. l understand further
that the position taken here is also confirmed
by the uniform practice in the state courts
of this state. 1t has been suggested to me
by his counsel that it would be proper and
just, under the circumstances. 10 vacate the
absolute order of commitment issued in this
case in order that the matter might be
placed in the form of a pending prosecution,
and thus more readily transferred
But the State courts are maintained for the
purpose Of transactiug business, and not for
the purpose of experimenting needlessly
with questions that may be raised by wit
nesses who refuse to testify. Courts must
have some discretion as to when witnesses
are required to answer. We have two juries
IN attendance here, and court maintained
at great expense. 1t is important that the
business of the court be transacted. There
fore it seems to me that all reasonable lenity
Atto dlLOduy bCCh CAbcHuSu w bnc WlJuCoo,
and ] shall now assume that he will exercise
the right which he still has under the terms
of the order, to purge himself of the con-
tempt by giving the testimony required, and
he will have that opportunity Monday morn
ing, at 10 o'clock. In the meantime he will
be in the custoay of the sheriff, but may be
allowed to go on his own recognizance.
By reason of the death of Judge White
houses father, court adjourned to meet
Tuesday morning, SO that the prisoner will
not be put on the witness stand until then.
Unless he is willing to give evidence then,
the mittimus will be enforced, and Mr.. Muir
ply will have to go to. Jail. He thinks the
United States officials who are backing him
will not change their instructions. Had
Judge Webb granted Mr.. Murphy's petition
for writ of habeas corpus, the State author
tiles would have left no stone unturned to
have gained evidence as to the payment of
special liquor tax by the respondent, and the
sending of Anson N. Goddard, Esq, to Els
worth to obtain copy of the Collectors rec
ords was but one Of the methods to which
the State had recourse to.